What Happens If There Is No Power of Attorney?

01st July 2026

What Happens If There Is No Power of Attorney? The simple answer is that if someone loses mental capacity without a registered Lasting Power of Attorney, nobody, not even a husband, wife or adult child, automatically has the legal authority to make decisions or manage their finances on their behalf. Families often have to apply to the Court of Protection for a deputyship, which is usually slower, more expensive and more restrictive than just having an LPA in place before it’s needed.

Why families are often caught by surprise

Many people understandably assume their spouse or children will automatically be able to help if something unexpected happens.

It’s a reasonable assumption to make, but unfortunately it isn’t how the law works in England and Wales.

If someone loses mental capacity because of dementia, a stroke, an accident or another illness, banks and many other organisations usually can’t accept instructions from relatives unless they have the correct legal authority in place to give them.

That often comes as a shock at exactly the moment families are already dealing with what’s already a pretty stressful situation.

How to apply for a Power of Attorney

The full step-by-step process, including the specialist check that catches the issues above before they reach the OPG.

What decisions become difficult?

Without a registered LPA, even everyday tasks can become complicated.

Paying household bills, managing savings, speaking to financial providers or selling a property may all become extra difficult if accounts are in the person’s sole name.

Health and care decisions follow slightly different rules, but without a Health and Welfare LPA, family members may also find they have less involvement in important decisions than they really expected, given the gravity of the situation.

The practical impact depends on each family’s circumstances, but the lack of legal authority can quickly create delays when quick decisions are needed.

What is deputyship?

If an LPA was never made and the person no longer has mental capacity, the only real route you have is to apply to the Court of Protection to become their deputy.

A deputy performs a similar role to an attorney, but the process itself is very different.

Applications take several months for starters, then there are court fees to pay and deputies are subject to ongoing supervision. They may also need to provide regular reports explaining how decisions have been made.

For many families, this is an admin burden they never expected would come their way.

Planning ahead gives you more choice

One of the biggest advantages of making an LPA is that the person creating it remains in full control throughout.

They decide who their attorneys will be and whether more than one person should act.

They can include instructions or preferences that reflect what matters to them.

Those choices are no longer available, of course, if capacity has already been lost.

The simplest way to avoid the problem

Most people never need their LPA, especially immediately after it’s registered.

That’s exactly the point.

It’s there as protection for your future, giving trusted people the legal authority to step in if life takes an unexpected turn.

Making an LPA, using a service like Power of Attorney Online, while you still have mental capacity is usually far simpler, less expensive and less around stressful than asking the Court of Protection to become a deputy later. It also gives your family clarity at a time when they are likely to need it most.